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2023 Supreme(HP) 160

RAKESH KAINTHLA
Sheela Devi – Appellant
Versus
Santosh Kumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate.
For the Respondent:Mr. G.R. Palsra, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment & decree dated 23.8.2022, passed by the learned District Judge, Kullu, District Kullu, H.P., vide which the appeal filed by the appellant (defendant before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court seeking possession of the suit land mentioned in para-1 of the plaint. It was pleaded that the plaintiffs are the owners in possession of the suit land. Hilnu, the predecessors-in-interest of the plaintiffs constructed a house on Khasra No. 297/2 (new Khasra No. 2345/297). The predecessor-in-interest of the plaintiffs inducted the defendant as a tenant. The suit land with the house was sold by Hilnu son of Khwaja to the plaintiffs. The defendant was paying rent @ Rs.500/- per month to the plaintiffs till June 1998. The defendant filed a suit for declaration and injunction, which was dismissed by learned Civil Judge (Senior Division), Lahaul Spiti,

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